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(영문) 인천지방법원 부천지원 2015.09.03 2015고단1735
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

On May 19, 2015, the Defendant driven a motor bicycle of CITI-100 as CITI-100 as a duty on May 20, 2015, and driven a three-lane road in front of the long-term village of Kimpo-si in Kimpo-si, Kimpo-si, with a half-distance reservation from the long-term distance to the apartment of about 70km each hour.

At night, the driver at the night shex, and there is a crosswalk where signal lights are installed at the front door, so it is necessary to check whether there is a person engaged in the driver's duty of driving a motor bicycle in advance to reduce speed and see well the front door in advance, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D (the age of 51) crossing the pedestrian crossing due to the negligence of driving the vehicle in violation of the vehicle stop signal, which was delayed, and operated it. However, the Defendant did not avoid the vehicle, but did not get out of the front part of the above motorcycle of the above victim, and had the above victim exceeded the floor by taking the upper half of the above victim's motor bicycle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the F Hospital located in Kimpo-si, Kimpo-si, where he was under medical treatment at around 10:31 on May 24, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site map, on-site photograph, death certificate, CCTV image photographe photograph;

1. The reason for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act [the scope of recommending punishment] is the basic area ( August to January 6) of the type 2 of the traffic accident (the decision of sentencing) [the decision of sentence] defendant reflects the fault. However, the vehicle driven by the defendant is in a situation in which it is difficult to recover damage to the bereaved family members of the victim by entering into liability insurance only.

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